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Legal Regulation For Delivery Of Goods Without Bill Of Lading

Posted on:2013-01-06Degree:DoctorType:Dissertation
Country:ChinaCandidate:L L TaFull Text:PDF
GTID:1116330374954311Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
"Rotterdam Rules" designed a set of solutions to solve the implementation ofdelivery goods without B/L. Comparing with relevant provisions in different countriesand international covenants, this set rules is the most targeted, systematic, complete. Ithas a strong reference value. However, legal regulation for goods delivery without B/Lin "Rotterdam Rules" subverted the basic principle of goods delivery with B/L. Thisdoes not conform to international legislative trends. In this regard, this thesis holds theattitude of critical inheritance.Driver of economic interests is the fundamental reason of phenomenon occurring ofdelivery goods without B/L. Legal regulation for goods delivery without B/L should notshoot to kill or engage across the board. It should still adhere to the basic principle ofthe status of delivery goods with B/L. Behaviors of goods delivery without B/L shouldbe affirmed that not only improve the efficiency but also ensure the security oftransaction. Legal regulation for goods delivery without B/L must ensure the effectivecoordination of efficiency and safety, which is the guiding ideology to build the legalregulation for goods delivery without B/L.In China, legal regulation for goods delivery without B/L should adopt coexistentmode. In this mode, this thesis put forward specific recommendations to modify theChina "Maritime Law" and judicial interpretation of goods delivery without B/L withrespect to the mechanism of traditional paper documents and electronic bills. Inlegislative framework, this thesis learns from the coexistence binary system betweentransport documents and electronic transport record that established in "RotterdamRules". In settings of specific system, this thesis draws on the relevant provisions of"Rotterdam Rules", English law and "Committee Maritime International Rules forElectronic Bills of Landing".
Keywords/Search Tags:delivery goods without B/L, delivery goods with B/L, "Rotterdam Rules", coexistent mode
PDF Full Text Request
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